Page v. Ellis

California Supreme Court July 1, 1858

Page v. Ellis, 9 Cal. 248 (Cal. 1858)

Burnett, Field, Terry

Opinion of the Court

Terry, C. J., delivered the opinion of the Court—Burnett, J., and Field, J., concurring.

The undertaking sued on was executed under the provisions of the three hundred and forty-eighth section of the Practice Act, and did not operate to stay execution on the judgment of the Court below; its object was simply to secure the payment of such damages and costs as should be awarded in the Appellate Court, and as the complaint shows that the damages awarded are less than two hundred dollars, the District Court had no jurisdiction.

Judgment reversed.

Reference

Full Case Name: PAGE v. ELLIS
Status: Published
Syllabus: Where suit was brought in the District Court on an undertaking on appeal to the Supreme Court, given in the sum of three hundred dollars, conditioned to pay all damages and costs, not exceeding the three hundred dollars which may be awarded by the Supreme Court, and the damages and costs so awarded were only thirty dollars and fifteen cents: Meld, that the District Court had no jurisdiction.